Kelly v. Canada ( Commissioner of Corrections )
92-T-1791
Muldoon J.
4/2/92
5 pp.
Application to extend time to challenge progress summary report-Applicant objecting to original report-After third re-write, Warden informing applicant report would not be further changed-Affidavit alleging report containing errors, questionable material-Application allowed-Extension of time may be granted if entire span of delay satisfactorily explained and if applicant discloses fairly arguable case within Court's jurisdiction: Feder Holdings Ltd. et al. v. M.N.R. for Customs and Excise et al., [1987] 2 C.T.C. 169 (F.C.A.)-Although explaining delay, applicant not disclosing arguable case-Affidavit not disclosing exact nature of applicant's complaints, measures taken either to persuade those whose remarks displease him, or to have own version of events included in report-But as no cross-examination on affidavit, uncontradicted that "errors or questionable material" in report and "ordered" not to "be further changed" by decision of Warden-Appropriateness of judicial review of reports causing "displeasure" to inmates questioned-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18 (as am. by S.C. 1990, c. 8, s. 4), 18.1 (as enacted idem, s. 5).